A Senate hearing on the nomination of William Haynes to the Fourth U.S. Circuit Court of Appeals was decidedly lukewarm last Wednesday, according to the Richmond Times-Dispatch.
This less-than-inspired reception stemmed from continued controversy surrounding the Bush administration's treatment of those detained in the War on Terror.
As the present general counsel to the Defense Department, Haynes has served as "a key architect of the treatment of detainees and the prosecution of enemy combatants," wrote Vermont Sen. Patrick Leahy, the ranking Democratic member of the Senate Judiciary Committee. Leahy was not present at the hearing and instead submitted a written statement.
The Fourth Circuit Court of Appeals' jurisdiction spans the states of Maryland, West Virginia, Virginia, North Carolina and South Carolina.
Haynes was nominated to fill a vacancy on the federal bench at the end of September.
Sen. John Warner, R-Virginia, introduced the nominee, who recently bought a house in Northern Virginia, to the full committee. Haynes previously had resided in the District of Columbia.
Warner "believes that Jim Haynes has an exemplary record of public service," Warner spokesperson John Ullyot said. Haynes "has the judicial temperament and knowledge of the functioning of the independent judiciary sufficient enough to be an outstanding judge on the Fourth Circuit."
In his statement submitted to the committee, Leahy stated, "Some have suggested that Mr. Haynes ... was hand-picked for the Fourth Circuit by the President's advisors because of his intimate knowledge of this Administration's plans with respect to military tribunals and treatment of detainees."
Leahy further stated, "The Administration has shown its interest in making the Fourth Circuit, its circuit of choice for detentions and policy determinations regarding Americans' civil liberties and for its efforts to avoid substantive review of Administration actions."
Despite these potential reservations expressed by Leahy, Ullyot said, "Senator Warner feels Jim Haynes' service at the [Department of Defense] has been exemplary."
The 12 federal appellate courts hear appeals from the district courts within their circuit. These courts also are empowered to rule on the appeals of decisions by federal administrative agencies.
The contested nature of Haynes' appointment could be an extension of frustration felt by some over the Bush administration policies, Law School Dean John Jeffries said.
"It is predictable that a nominee from the administration would be a target of criticism about the administration's activities," Jeffries said. "Since the administration's position on the Iraqi detainees is controversial, it would not be surprising to see that debate spill over into confirmation hearings."
Haynes was sworn in as the Defense Department general counsel in May 2001. Previously, Haynes served as the general counsel of the Department of the Army from 1990 to 1993.
Two other nominees to the Fourth Circuit also are up for confirmation.
All the vacancies on the bench have been termed "judicial emergencies" by the National Judicial Conference. The three seats have been vacated for over 18 months -- one since 1994.
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